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Q.1. The Supreme Court has ruled that a person belonging to a non-reserved class transplanted by adoption or marriage or conversion or any other voluntary act to a family belonging to reserved class does not become eligible to the benefit of reservation either under Article 15(4) or 16(4) of the constitution in________?
(a) Indra Sawhney vs. Union of India
(b) Kumari Madhuri Patel vs. Additional Commissioner Tribal Development
(c) Valsamma Paul vs. Cochin University
(d) M.D. Kasekar vs. Vishwanth Pandu Barde
Q.2. Which of the following are included in the list of fundamental duties in the Constitution?
1. To abide by the Constitution and respect its ideal and institution
2. To safeguard public property and to abjure violence
3. To uphold and protect the sovereignty, unity and integrity of India
4. To uphold and protect secularism
Select the correct answer using the codes given below:
Codes:
(a) 1, 3 and 4
(b) 1, 2 and 4
(c) 2, 3 and 4
(d) 1, 2 and 3
Q.3. The constitutional authority vested with the power declaring castes or tribes as the Scheduled Castes Scheduled Tribes is the_______?
(a) Parliament
(b) Home Minister
(c) President of India
(d) Chairman, SC/ST Commission
Q.4. In the performance of his duties and the exercise of his powers, the Governor_______?
(a) is answerable in a court of law
(b) is not answerable in a court of law
(c) can be impeached in the Vidhan Sabha
(d) is answerable to the Vidhan Sabha
Q.5. When a writ is issued to an inferior court of the tribunal on grounds of exceeding its jurisdiction or action contrary to the rules of natural justice, it is called the writ of_________?
(a) Certiorari
(b) Mandamus
(c) Quo Warranto
(d) Habeas Corpus
Q.6.The High Court having the jurisdiction in judicial matters relating to the largest number of States/Union territories is__________?
(a) Calcutta High Court
(b) Kerala High Court
(c) Mumbai High Court
(d) Guwahati High Court
Q.7. Which of the following combinations are not correctly matched?
1. Writ of Habeas Corpus: available against private individuals as well
2. Writ of Quo Warranto: available against subordinate courts only
3. Writ of Certiorari: available against the state only
4. Writ of Prohibition: available against autonomous bodies only
Select the correct answer using the codes given below:
(a) 2, 3 and 4
(b) I, 2 and 3
(c) 1, 2 and 4
(d) 1, 3 and 4
Q.8. Which of the following combinations are correctly matched?
1. Territorial Nexus: Object should have a territorial connection with the state
2. Pith and substance: The validity of legislation is determined by the degree of invasions into the field
3. Colourable legislation: You cannot do indirectly, what you cannot do directly
4. Repugnancy: The conflicting result are not produced where both the laws are applied to the same facts
Select the correct answer using the codes given below:
Codes:
(a) 1, 2 and 4
(b) 2, 3 and 4
(c) 1, 3 and 4
(d) 1, 2 and 3
Q.9. The Article of the Constitution which automatically becomes suspended on proclamation of emergency is___________?
(a) Article 14
(b) Article 19
(c) Article 21
(d) Article 32
Q.10. The President Rule under Article 356 remains valid in a state for the maximum period of_________?
(a) one year
(b) two years
(c) three years
(d) four years
Answers with Explanations
1.Correct Answer: B
Explanation- In this case of Madhuri Patel v. Additional Commissioner Tribal Development, JT (1994) 5 SC 488. Supreme Court held that a person belonging to a reserved class transplanted to a family of the reserved class does not become eligible to the benefit of reservation.
Hence Option B is correct.
2.Correct Answer: D
Explanation- Fundamental duties under Article 51-A includes duties under clause (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem. Under clause (i) to safeguard public property and to abjure violence, and clause (c) provides, to uphold and protect the sovereignty, unity and integrity of India. Thus, option (d) to uphold and protect secularism is no fundamental duty.
Hence Option D is correct.
3.Correct Answer: C
Explanation- Article 341 and 342 empower the President to draw up the list of scheduled castes and tribes. If such notification in respect of a state it can be done after consultation with the Governor of the State concerned. Any inclusion or exclusion from the President Notification of anycast race or tribe can be done by Parliament by law.
Hence Option C is correct.
4.Correct Answer: B
Explanation- Article 361 provides that President or Governor of State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties.
Hence Option B is correct.
5.Correct Answer: A
Explanation- A writ of Certiorari is issued by a Superior Court to an inferior court or body exercising judicial or quasi-judicial functions to remove a suit from superior to inferior court or body and adjudicate upon the validity the proceedings or body exercising judicial quasi-judicial functions. It may be used before the trial to prevent and excess abuse of jurisdiction and remove the case for a trial higher court.
Hence Option A is correct.
6.Correct Answer: D
Explanation- Guwahati High Court having the Jurisdiction of Assam, Manipur, Meghalaya, Nagaland and Tripura, Mizoram and Arunachal Pradesh. It is originally known as Assam High Court, renamed as Guwahati High Court.
Hence Option D is correct.
7.Correct Answer: A
Explanation- Except for combination (1), all option are not correctly matched.
Prohibition: A writ of prohibition is issued primarily to prevent an inferior court or tribunal from exceeding its jurisdiction or acting contrary to the rules of natural justice. Certiorari: The writ of certiorari is issued to a judicial or quasi-judicial body on the following grounds:
(i) Where there is want or excess of jurisdiction
(ii) Where there is violation or procedure or disregards of principles of natural justice
(iii) Where there is an error of law apparent on the face of the record but not an error of a fact.
Quo-Warranto: By this writ, a holder of an office is called upon to show to the court under what authority he holds the office.
Hence Option A is correct.
8.Correct Answer: C
Explanation- Pith and Substance: Within these respective spheres, the union and the state legislatures are made supreme and they should not encroach into the sphere reserved to the other. If a law passed by one encroaches upon the field assigned to the other the court will apply the doctrine of pith and substance to determine whether the legislature concerned was competent to make it. If the Pith and substance of law i.e., the true object of the legislation or a statute, relates to a matter with the competence of legislature which enacted it, it should be held to be intra vires even though it might incidentally trench on matters, not within the competence of Legislature.
Hence Option C is correct.
9.Correct Answer: B
Explanation- Article 358 provides for suspension of the six freedoms guaranteed to the citizens by Article 19 of the Constitution. It says that while a Proclamation of Emergency is in the operation nothing in Article 19 shall restrict the power of the state to make any law or to take any executive action abridging or taking away the rights guaranteed by Article 19 of the Constitution. It means that as soon as the proclamation of Emergency is made the freedoms guaranteed by Article 19 are automatically suspended. Article 19 will be suspended only when a Proclamation of Emergency is declared on the ground of war or external aggression and not when an emergency is declared on the ground of armed rebellion.
Hence Option B is correct.
10.Correct Answer: A
Explanation- According to Article 356 clause [5], a resolution concerning the continuance in force of a Proclamation of emergency for any period beyond the expiration of one year from the date of issue of such proclamation shall not be passed by either. House of Parliament unless:
(i) A Proclamation of emergency is in operation, in the whole of India or whole or any part of the state at the time of the passing resolution.
(ii) The Election Commission certifies that the continuance is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned.
Hence Option A is correct.